What if the deceased left no instructions about a funeral ?
Article 42 of the Civil Code of Québec provides that, in the absence of instructions from the deceased regarding his/her funeral arrangements, the wishes of the heirs or successors prevail and the latter are bound to act. Evidently, the timeframe between the death and the funeral rarely allows for the identification of heirs or successors, unless one has in hand a will that can be presumed, in good faith, to be the last will and testament of the deceased, or proof that there is no other will. Of course, it is impossible to know whether the heirs or successors will accept the succession. At this stage, one must therefore turn to the “successors” to identify the persons authorized to oversee the funeral of the deceased. By “successors”, we mean the persons who would normally inherit under the law, if there were no will. In principle, the order of succession is as follows: a) If there is a spouse, bound by marriage or civil union, and children, the estate devolves to them; b) If there a
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